[Congressional Record Volume 146, Number 66 (Wednesday, May 24, 2000)]
[Senate]
[Pages S4366-S4370]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NOMINATION OF MARY A. McLAUGHLIN, OF PENNSYLVANIA, TO BE UNITED STATES 
        DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA

  The PRESIDING OFFICER. The clerk will report the next nomination.
  The legislative clerk read the nomination of Mary A. McLaughlin, of 
Pennsylvania, to be United States District Judge for the Eastern 
District of Pennsylvania.
  Mr. KOHL. Mr. President, I rise in strong support of the nomination 
of Mary McLaughlin to the U.S. District Court for the Eastern District 
of Pennsylvania. Those of us on the Judiciary Committee know Ms. 
McLaughlin from her outstanding work as Special Counsel for our 
Terrorism Subcommittee during the Ruby Ridge investigation in 1995. 
During those hearings, Ms. McLaughlin demonstrated precisely the 
qualities we want in a federal judge--she is intelligent, fair-minded, 
tough, possesses a judicial temperament, and is deeply committed to the 
cause of justice. Once we put her on the bench, she is going to be a 
terrific federal judge.
  Our Ruby Ridge subcommittee ran the ideological gamut. Yet Ms. 
McLaughlin gained the respect and admiration of all of our colleagues 
from both parties who worked with her--Senators Specter, Thompson, 
Abraham, Thurmond, Leahy, Feinstein, Grassley, and Craig--for the skill 
and professionalism she brought to her work. Let me make special 
mention of how tough and persistent Ms. McLaughlin was when the Justice 
Department was ``less than enthusiastic'' about supplying us with 
documents. Largely as a result of her efforts, we obtained the 
information that we needed, and our investigation went on to become a 
true model of bipartisan cooperation.
  Beyond her service to the U.S. Senate, Ms. McLaughlin has stellar 
credentials for a judgeship. She is a senior partner in the leading 
Philadelphia law firm of Dechert, Price and Rhoads, where her practice 
has concentrated in a myriad of complex litigation matters. She was a 
recipient of a 1998 ``Women of Distinction'' Award from the 
Philadelphia Business Journal, the National Association of Women 
Business Owners, and The Forum of Executive Women. Her career has also 
included teaching at the law schools of Vanderbilt University, the 
University of Pennsylvania and Rutgers University. In addition, Ms. 
McLaughlin served for four years as an Assistant U.S. Attorney for the 
District of Columbia where, Mr. President, she put criminals behind 
bars. Not surprisingly, given this stellar record, she was unanimously 
rated ``well qualified'' by the American Bar Association.
  Unfortunately, a few outside groups have raised questions about her 
candidacy based on a small portion of Ms. McLaughlin's pro bono work. 
While it is true that she is a person of strong convictions, none is 
stronger than her dedication to the Rule of Law. In other words, I am 
confident that she will in all cases apply the law, not make it.
  I wouldn't say that about everybody who has been nominated for a 
federal judgeship in recent years.
  Mr. President, Ms. McLaughlin deserves the type of strong, bipartisan 
support from the entire Senate that she has already obtained from those 
of us who worked with her on Ruby Ridge. ``There's something about 
Mary's'' record of distinguished public service, her professional 
experience, her legal talents, and her personal integrity that will 
make her an outstanding Judge on the Eastern District bench. I urge my 
colleagues to swiftly confirm her.
  Mr. STEVENS. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Mary A. McLaughlin, of Pennsylvania, to be United States District 
Judge for the Eastern District of Pennsylvania? On this question the 
yeas and nays have been ordered, and the clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 86, nays 14, as follows:

                      [Rollcall Vote No. 112 Ex.]

                                YEAS--86

     Abraham
     Akaka
     Ashcroft
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Bryan
     Burns
     Byrd
     Campbell
     Chafee, L.
     Cleland
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     Daschle
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Frist
     Gorton
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Moynihan
     Murkowski
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                                NAYS--14

     Allard
     Brownback
     Bunning
     DeWine
     Enzi
     Fitzgerald
     Gramm
     Grams
     Helms
     Inhofe
     Nickles
     Roberts
     Smith (NH)
     Voinovich
  The nomination was confirmed.


                           Executive Calendar

  The PRESIDING OFFICER. Under the previous order, the nominations 
enumerated in the order are confirmed en bloc, the motions to 
reconsider are laid upon the table, the President will be notified of 
the Senate's actions, and the Senate will return to legislative 
session.
  The nominations considered and confirmed are as follows:


             corporation for national and community service

       Christopher C. Gallagher, of New Hampshire, to be a Member 
     of the Board of Directors of the Corporation for National and 
     Community Service for a term expiring October 6, 2003.


             corporation for national and community service

       Amy C. Achor, of Texas, to be a Member of the Board of 
     Directors of the Corporation for National and Community 
     Service for a term expiring October 6, 2003.


                             the judiciary

       James D. Whittemore, of Florida, to be United States 
     District Judge for the Middle District of Florida.


                       department of the treasury

       Jay Johnson, of Wisconsin, to be Director of the Mint for a 
     term of five years.

[[Page S4367]]

                   executive office of the president

       Kathryn Shaw, of Pennsylvania, to be a Member of the 
     Council of Economic Advisers.


                          department of state

       Alan Phillip Larson, of Iowa, to be United States Alternate 
     Governor of the International Bank for Reconstruction and 
     Development for a term of five years; United States Alternate 
     Governor of the Inter-American Development Bank for a term of 
     five years; United States Alternate Governor of the African 
     Development Bank for a term of five years; United States 
     Alternate Governor of the African Development Fund; United 
     States Alternate Governor of the Asian Development Bank; and 
     United States Alternate Governor of the European Bank for 
     Reconstruction and Development.


                         asian development bank

       N. Cinnamon Dornsife, of the District of Columbia, to be 
     United States Director of the Asian Development Bank, with 
     the rank of Ambassador.


                          department of state

       Earl Anthony Wayne, of Maryland, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be an 
     Assistant Secretary of State (Economic and Business Affairs).


        national commission on libraries and information science

       Bobby L. Roberts, of Arkansas, to be a Member of the 
     National Commission on Libraries and Information Science for 
     a term expiring July 19, 2003.


                      national science foundation

       Michael G. Rossmann, of Indiana, to be a Member of the 
     National Science Board, National Science Foundation for a 
     term expiring May 10, 2006.
       Daniel Simberloff, of Tennessee, to be a Member of the 
     National Science Board, National Science Foundation for a 
     term expiring May 10, 2006.


             corporation for national and community service

       Leslie Lenkowsky, of Indiana, to be a Member of the Board 
     of Directors of the Corporation for National and Community 
     Service for a term expiring February 8, 2004.
       Juanita Sims Doty, of Mississippi, to be a Member of the 
     Board of Directors of the Corporation for National and 
     Community Service for a term expiring June 10, 2004.


        national commission on libraries and information science

       Joan R. Challinor, of the District of Columbia, to be a 
     Member of the National Commission on Libraries and 
     Information Science for a term expiring July 19, 2004.


                       railroad retirement board

       Jerome F. Kever, of Illinois, to be a Member of the 
     Railroad Retirement Board for a term expiring August 28, 
     2003.
       Virgil M. Speakman, Jr., of Ohio, to be a Member of the 
     Railroad Retirement Board for a term expiring August 28, 
     2004.


                   national security education board

       Herschelle S. Challenor, of Georgia, to be a Member of the 
     National Security Education Board for a term of four years.


                         department of defense

       Douglas A. Dworkin, of Maryland, to be General Counsel of 
     the Department of Defense.


                       department of the interior

       Thomas A. Fry, III, of Texas, to be Director of the Bureau 
     of Land Management.


                       department of the interior

       Thomas N. Slonaker, of Arizona, to be Special Trustee, 
     Office of Special Trustee for American Indians, Department of 
     the Interior.


                          department of labor

       Edward B. Montgomery, of Maryland, to be Deputy Secretary 
     of Labor.


                 harry s truman scholarship foundation

       Mel Carnahan, of Missouri, to be a Member of the Board of 
     Trustees of the Harry S Truman Scholarship Foundation for a 
     term expiring December 10, 2005.
       Scott O. Wright, of Missouri, to be a Member of the Board 
     of Trustees of the Harry S Truman Scholarship Foundation for 
     the remainder of the term expiring December 10, 2003.


               corporation for national community service

       Marc Racicot, of Montana, to be a Member of the Board of 
     Directors of the Corporation for National and Community 
     Service for a term expiring October 6, 2004.
       Alan D. Solomont, of Massachusetts, to be a Member of the 
     Board of Directors of the Corporation for National and 
     Community Service for a term expiring October 6, 2004.


           national foundation on the arts and the humanities

       Nathan O. Hatch, of Indiana, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2006.


                             the judiciary

       Richard C. Tallman, of Washington, to be United States 
     Circuit Judge for the Ninth Circuit.
       Marianne O. Battani, of Michigan, to be United States 
     District judge for the Eastern District of Michigan.
       David M. Lawson, of Michigan, to be United States District 
     judge for the Eastern District of Michigan.
       John Antoon II, of Florida, to be United States District 
     judge for the Middle District of Florida.


                         department of justice

       Mark Reid Tucker, of North Carolina, to be United States 
     Marshal for the Eastern District of North Carolina for the 
     term of four years.


               metropolitan washington airports authority

       John Paul Hammerschmidt, of Arkansas, to be a Member of the 
     Board of Directors of the Metropolitan Washington Airports 
     Authority for a term of four years.
       Norman Y. Mineta, of California, to be a Member of the 
     Board of Directors of the Metropolitan Washington Airports 
     Authority for a term of six years.
       Robert Clarke Brown, of Ohio, to be a Member of the Board 
     of Directors of the Metropolitan Washington Airports 
     Authority for a term expiring November 22, 2005.


                  national transportation safety board

       John Goglia, of Massachusetts, to be a Member of the 
     National Transportation Safety Board for a term expiring 
     December 31, 2003.
       Carol Jones Carmody, of Louisiana, to be a Member of the 
     National Transportation Safety Board for a term expiring 
     December 31, 2004.


                     nuclear regulatory commission

       Edward McGaffigan, Jr., of Virginia, to be a Member of the 
     Nuclear Regulatory Commission for the term of five years 
     expiring June 30, 2005.


                overseas private investment corporation

       Gary A. Barron, of Florida, to be a Member of the Board of 
     Directors of the Overseas Private Investment Corporation for 
     a term expiring December 17, 2002.


                          department of state

       Thomas G. Weston, of Michigan, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, for the 
     rank of Ambassador during his tenure of service as Special 
     Coordinator for Cyprus.
       Carey Cavanaugh, of Florida, a Career Member of the Senior 
     Foreign Service, Class of Counselor, for the rank of 
     Ambassador during his tenure of service as Special Negotiator 
     for Nagorno-Karabakh and New Independent States Regional 
     Conflicts.
       Christopher Robert Hill, of Rhode Island, a Career Member 
     of the Senior Foreign Service, Class of Minister-Counselor, 
     to be Ambassador Extraordinary and Plenipotentiary of the 
     United States of America to the Republic of Poland.
       Donald Arthur Mahley, of Virginia, a Career Member of the 
     Senior Executive Service, for the rank of Ambassador during 
     his tenure of service as Special Negotiator for Chemical and 
     Biological Arms Control Issues.
       Gregory G. Govan, of Virginia, for the rank of Ambassador 
     during his tenure of service as Chief U.S. Delegate to the 
     Joint Consultative Group.


                         department of defense

       Bruce Sundlun, of Rhode Island, to be a Member of the 
     National Security Education Board for a term of four years.
       Manuel Trinidad Pacheco, of Arizona, to be a Member of the 
     National Security Education Board for a term of four years.


                             the judiciary

       Phyllis J. Hamilton, of California, to be United States 
     District Judge for the Northern District of California.
       Nicholas G. Garaufis, of New York, to be United States 
     District Judge for the Eastern District of New York.
       Roger L. Hunt, of Nevada, to be United States District 
     Judge for the District of Nevada.
       Kent J. Dawson, of Nevada, to be United States District 
     Judge for the District of Nevada.


                         department of justice

       Audrey G. Fleissig, of Missouri, to be United States 
     Attorney for the Eastern District of Missouri for the term of 
     four years.
       Steven S. Reed, of Kentucky, to be United States Attorney 
     for the Western District of Kentucky for the term of four 
     years.
       Donald W. Horton, of Maryland, to be United States Marshal 
     for the District of Columbia for the term of four years.
       E. Douglas Hamilton, of Kentucky, to be United States 
     Marshal for the Western District of Kentucky for the term of 
     four years.
       Jose Antonio Periz, of California, to be United States 
     Marshal for the Central District of California for the term 
     of four years.
       Donnie R. Marshall, of Texas, to be Administrator of Drug 
     Enforcement.


                       department of the treasury

       Michelle Andrews Smith, of Texas, to be an Assistant 
     Secretary of the Treasury.


                             the judiciary

       Berle M. Schiller, of Pennsylvania, to be United States 
     District Judge for the Eastern District of Pennsylvania.
       Richard Barclay Surrick, of Pennsylvania, to be United 
     States District Judge for the Eastern District of 
     Pennsylvania.
       Petrese B. Tucker, of Pennsylvania, to be United States 
     District Judge for the Eastern District of Pennsylvania.

              [Nominations placed on the Secretary's Desk]


                            foreign service

       Foreign Service nominations beginning John Patrice Groarke, 
     and ending James Curtis Struble, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of May 11, 1999.

[[Page S4368]]

       Foreign Service nominations beginning Mattie R. Sharpless, 
     and ending Howard R. Wetzel, which nominations were received 
     by the Senate and appeared in the Congressional Record of 
     February 24, 2000.
       Foreign Service nominations beginning Nancy M. McKay, and 
     ending Nancy Morgan Serpa, which nominations were received by 
     the Senate and appeared in the Congressional Record of 
     February 24, 2000.


                         public health service

       Pubic Health Service nominations beginning Edwin L. Jones, 
     III, and ending Colleen E. White, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of November 19, 1999.
       Pubic Health Service nominations beginning Susan J. 
     Blumenthal, and ending William Tool, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of November 19, 1999.


                       Nomination of Nathan Hatch

  Mr. BAYH. Mr. President, I rise today to congratulate Dr. Nathan 
Hatch for receiving the Senate's approval of his nomination to serve as 
a member of the National Council on the Humanities. Dr. Hatch has 
dedicated his life to academia. He currently serves as Provost of the 
University of Notre Dame and is also a Professor of History. As 
Provost, Dr. Hatch has focused on three areas: the establishment of 
academic centers of excellence, including the expansion of the Keough 
Institute for Irish Studies and the enhancement of the Medieval 
Institute; revitalization of undergraduate education through the 
creation of the Kaneb Center for Teaching and Learning; and the pursuit 
of outstanding faculty.
  Dr. Hatch is considered to be one of the most influential scholars in 
the study of the history of religion in America. His book, The 
Democratization of American Christianity, won both the Albert Outler 
Prize in Ecumenical Church History and the John Hope Franklin Prize for 
the best book in American Studies; it was also chosen by his peers as 
one of the two most important books in the study of American religion.
  Dr. Hatch is a remarkable asset for the University of Notre Dame and 
the State of Indiana. His experiences at Notre Dame will make him a 
valuable addition to the National Council on the Humanities. I applaud 
the Senate today for confirming this outstanding Hoosier.


            nominations of marianne battani and david lawson

  Mr. LEVIN. Mr. President, I am pleased that the Senate has confirmed 
the two nominees for the Federal District Court in the Eastern District 
of Michigan, Judge Marianne Battani and David Lawson.
  Mr. President, Michigan could not be better served. These nominees 
are well-known in Michigan for their long and distinguished careers, 
high standards of moral and ethical conduct, and knowledge and 
commitment to the law. I have every confidence that they will both be 
outstanding federal judges.
  While I am glad that the Senate has finally confirmed these two 
district court judges, I am deeply concerned about the vacancies in the 
Sixth Circuit U.S. Court of Appeals. The length of time that nominees 
for these positions have remained pending is unfair, both to the 
nominees, and to the State of Michigan.
  There are now three Michigan vacancies on the Sixth Circuit. One of 
the nominees for these vacancies is Helene White, who was nominated 
more than three years ago, and is still awaiting a hearing. Kathleen 
McCree Lewis has been pending at the Committee awaiting a hearing for 
more than eight months. And the third candidate for a Michigan seat has 
not yet been nominated but hopefully will be at any time.
  These Michigan candidates are intelligent and hardworking advocates 
of the law, who at a minimum, deserve to have and up or down vote on 
their nominations. Yet, Circuit Court of Appeals nominees continue to 
face unconscionable delays in this Senate.
  The Senate slowdown has a serious impact on the administration of 
justice. In a March 20, 2000 letter to Senator Hatch, Judge Gilbert 
Merritt, Chief Judge of the U.S. Court of Appeals for the Sixth 
Circuit, notes that these vacancies have hampered the Court's ability 
to complete the public's business. The Court, in his words, is 
deteriorating rapidly due to the high number of judicial vacancies.
  Judge Merritt writes:

       The Sixth Circuit Court of Appeals now has four vacancies. 
     Twenty-five per cent of the seats on the Sixth Circuit are 
     vacant. The Court is hurting badly and will not be able to 
     keep up with its work load due to the fact that the Senate 
     Judiciary Committee has acted on none of the nominations to 
     our Court. One of the vacancies is five years old and no vote 
     has ever been taken. One is two years old. We have lost many 
     years of judge time because of the vacancies.
       By the time the next President is inaugurated, there will 
     be six vacancies on the Court of Appeals. Almost half of the 
     Court will be vacant and will remain so for most of 2001 due 
     to the exigencies of the nomination process. Although the 
     President has nominated candidates, the Senate has refused to 
     take a vote on any of them.
       Our Court should not be treated in this fashion. The 
     public's business should not be treated this way. The 
     litigants in the federal courts should not be treated this 
     way. The remaining judges on a court should not be treated 
     this way. The situation in our Court is rapidly deteriorating 
     due to the fact that 25% of the judgeships are vacant. Each 
     active judge of our Court is now participating in deciding 
     more than 550 cases a year--a case load that is excessive by 
     any standard. In addition, we have almost 200 death penalty 
     cases that will be facing us before the end of next year. I 
     presently have six pending before me right now and many more 
     in the pipeline. Although the death cases are very time 
     consuming (the records often run to 5000 pages), we are under 
     very short deadlines imposed by Congress for acting on these 
     cases. Under present circumstances, we will be unable to meet 
     these deadlines. Unlike the Supreme Court, we have no 
     discretionary jurisdiction and must hear every case.
       The Founding Fathers certainly intended that the Senate 
     ``advise'' as to judicial nominations, i.e., consider, debate 
     and vote up or down. They surely did not intend that the 
     Senate, for partisan or factional reasons, would remain 
     silent and simply refuse to give any advice or consider and 
     vote at all, thereby leaving the courts in limbo, 
     understaffed and unable properly to carry out their 
     responsibilities for each year.

  I again urge the Senate Judiciary Committee to promptly hold a 
confirmation hearing for the Sixth Circuit Court of Appeals nominees 
from Michigan. They are highly qualified individuals who deserve to be 
voted on by this Senate.


                     NOMINATION OF RICHARD TALLMAN

  Mr. GORTON. Mr. President, it is my pleasure to support the 
confirmation today of Richard Tallman to the Ninth Circuit Court of 
Appeals. In an unusual, if not unprecedented arrangement, particularly 
at this time and for the controversial Ninth Circuit, the White House, 
Senator Murray, and I have worked together quietly to select and 
confirm absolutely first rate judges from Washington State. Dick 
Tallman is no exception.
  I had not met Mr. Tallman before he was chosen as a finalist for a 
district court vacancy by a Judicial Merit Selection Committee jointly 
appointed by Senator Murray and me. He impressed me tremendously at the 
time and I was privileged to be able later to recommend him to fill a 
vacancy on the Ninth Circuit Court of Appeals.
  Mr. Tallman enjoys broad bi-partisan support within Washington's 
legal community, including that of the Democratic State Attorney 
General, two former United States Attorneys for Western Washington, the 
Federal Public Defender from Western Washington, the President of the 
Ninth Circuit District Judges Association, and the Federal Bar 
Association for the Western District of Washington.
  Prior to starting his own small firm where he continues to specialize 
in white collar criminal defense, Mr. Tallman practiced law for many 
years at one of the largest private firms in Seattle, Bogle & Gates. 
Before that he served as an Assistant United States Attorney for the 
Western District of Washington. He has also been sought out by all 
levels of state government, serving as a Special Assistant City 
Attorney for Seattle, a Special Deputy Prosecuting Attorney for King 
County, as well as a Special Assistant Attorney General for Washington 
State. Over the years, Mr. Tallman has taught and lectured extensively 
to groups of lawyers and non-lawyers on a range of legal topics, 
instructing groups including the National Park Service, the Washington 
Medical Association, and the Seattle Police Academy.
  Mr. Tallman's involvement in bar and civic activities is no less 
impressive than his professional record. In addition to extensive pro 
bono work, he has served as president of the local federal bar 
association and as chair of the lawyer delegates to the Ninth Circuit

[[Page S4369]]

Judicial Conference. He has been active in committees for local, state, 
and federal bar associations, in the selection of judges, bench-bar 
relations, and in helping women and minorities interested in legal 
careers.
  As the accomplishments I have just reviewed attest, Mr. Tallman is an 
impressive man. What these accomplishments to not convey, however, is 
the warmth, good humor, and the clear unpretentious intelligence I have 
observed in my short acquaintance with him. The Ninth Circuit will 
clearly benefit from our action today.
  Mr. LEAHY. Mr. President, one of our most important constitutional 
responsibilities is to provide advice and consent on the scores of 
judicial nominations sent to us to fill the vacancies on the federal 
courts around the country. Today we made some progress. We confirmed 16 
new judges. For that I thank the Democratic leader and the majority 
leader, my counterpart on the Judiciary Committee, Senator Hatch, and 
all those who worked with us to achieve Senate action on these judicial 
nominees.
  The Senate has finally begun to consider the judges needed to serve 
the American people in our federal courts. But before any Senator 
thinks that our work is done for the year, let us take stock: We are 
only one-third of the way to the number of judges nominated by a 
Republican President and confirmed by a Democratic majority in 1992, 
and only half way to the levels of confirmations achieved in 1984 and 
1988. Today we finally passed the level of 17 confirmations achieved in 
1996, the year before I became the Ranking Democrat on the Judiciary 
Committee. That low water mark is no measure of success, however.
  Today we face more judicial vacancies than when the Senate adjourned 
in 1994. That means there are more vacancies across the country than 
when the Republican majority took controlling responsibility for the 
Senate in January 1995. Over the last six years we have gained no 
ground in our efforts to fill longstanding judicial vacancies that are 
plaguing the federal courts.
  In addition, recall that this is the first action that the Senate has 
taken on judicial nominees since March 9, when the Senate ended 4-years 
of delay and finally voted to confirm Judge Richard Paez to the Ninth 
Circuit. For more than two months, for more than 10 weeks, the Senate 
has not acted to confirm a single judge, not one. That stall accounts 
for the backlog in judicial nominations that results in there being 16 
judicial nominations on the Senate calendar today. On the other hand, 
since March 9, seven additional vacancies have arisen and the Senate 
has received 17 additional nominations.
  There remain 36 judicial nominations pending in the Judiciary 
Committee, plus new nominations that the President is sending us every 
week. I have challenged the Senate to regain the pace it met in 1998 
when the Committee held 13 hearing and the Senate confirmed 65 judges. 
That would still be one less than the number of judges confirmed by a 
Democratic Senate majority in the last year of the Bush Administration 
in 1992. Indeed, in the last two years of the Bush Administration, a 
Democratic Senate majority confirmed 124 judges. It would take an 
additional 67 confirmations this year for this Senate to equal that 
total.
  Over the last five years the Republican-controlled Senate confirmed 
the following: 58 federal judges in the 1995 session; 17 in 1996; 36 in 
1997; 65 in 1998; and 34 in 1999. By contrast, in one year, 1994, with 
a Democratic majority in the Senate, we confirmed 101 judges. With 
commitment and hard work many things are achievable.
  Of the confirmations achieved this year, seven were nominations that 
were reported last year and should have been confirmed last year. That 
would have made last year's total slightly more respectable. Instead, 
they were held over and inflate this year's numbers. In addition, Tim 
Dyk, one of the nominees finally being considered today, was nominated 
in 1998 and has been held over two years.
  Moreover, the Republican Congress has refused to consider the 
authorization of the additional judges needed by the federal judiciary 
to deal with their ever increasing workload. In 1984, and again in 
1990, Congress responded to requests by the Chief Justice and the 
Judiciary Conference for needed judicial resources. Indeed, in 1990, a 
Democratic majority in the Congress created scores of needed new 
judgeships during a Republican Administration.
  Three years ago the Judicial Conference of the United States 
requested that an additional 53 judgeships be authorized around the 
country. Last year the Judicial Conference renewed its request but 
increased it to 72 judgeships needing to be authorized around the 
country. Instead, the only federal judgeships created since 1990 were 
the nine District Court judgeships authorized in the omnibus 
appropriations bill at the end of last year.
  If Congress had timely considered and passed the Federal Judgeship 
Act of 1999, S.1145, as it should have, the federal judiciary would 
have nearly 130 vacancies today. That is the more accurate measure of 
the needs of the federal judiciary that have been ignored by the 
Congress over the past several years and places the vacancy rate for 
the federal judiciary at 14 percent (128 out of 915). As it is, the 
vacancy rate is almost 10 percent (65 out of 852) and has remained too 
high throughout the five years that the Republican majority has 
controlled the Senate.
  Especially troubling is the vacancy rate on the courts of appeals, 
which continues at over 11 percent (20 out of 179) without the creation 
of any of the additional judgeships that those courts need to handle 
their increased workloads.
  Most troubling is the circuit emergency that had to be declared more 
than seven months ago by the Chief Judge of the Court of Appeals for 
the Fifth Circuit. I recall when the Second Circuit had such an 
emergency two years ago. Along with the other Senators representing 
States from the Circuit, I worked hard to fill the five vacancies then 
plaguing my circuit. The situation in the Fifth Circuit is not one that 
we should tolerate; it is a situation that I wished we had confronted 
by expediting consideration of the nominations of Alston Johnson and 
Enrique Moreno last year. I still hope that the Senate will consider 
both this year.
  I deeply regret that the Senate adjourned last November and left the 
Fifth Circuit to deal with the crisis in the federal administration of 
justice in Texas, Louisiana and Mississippi without the resources that 
it desperately needs. I look forward to our resolving this difficult 
situation. I will work with the Majority Leader and the Democratic 
Leader to resolve that emergency at the earliest possible time.
  With 20 vacancies on the Federal appellate courts across the country 
and nearly half of the total judicial emergency vacancies in the 
Federal courts system in our appellate courts, our courts of appeals 
are being denied the resources that they need, and their ability to 
administer justice for the American people is being hurt. There 
continue to be multiple vacancies on the Ninth Circuit. Three vacancies 
is too many and perpetuating these four judicial emergency vacancies, 
as the Senate has in this one circuit, is irresponsible. We should act 
on these nominations promptly and provide the Ninth Circuit with the 
judicial resources it needs and to which it is entitled.
  I am likewise concerned that the Fourth, Sixth and District of 
Columbia Circuits are suffering from multiple vacancies.
  I continue to urge the Senate to meet our responsibilities to all 
nominees, including women and minorities, and look forward to action on 
the nominations of Judge James Wynn, Jr. to the Fourth Circuit, Enrique 
Moreno to the Fifth Circuit, Kathleen McCree Lewis to the Sixth Circuit 
and Judge Johnnie Rawlinson to the Ninth Circuit. Working together the 
Senate can join with the President to confirm well-qualified, diverse 
and fair-minded judges to fulfill the needs of the federal courts 
around the country.
  Having begun so slowly in the first five months of this year, we have 
much more to do before the Senate takes its final action on judicial 
nominees this year. We should be considering 20 to 40 more judges this 
year. Having begun so slowly, we cannot afford to follow the ``Thurmond 
rule'' and stop acting on these nominees at the end of the summer in 
anticipation of the presidential election. We must use all the time 
until adjournment to remedy the vacancies that have been perpetuated on

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the courts to the detriment of the American people and the 
administration of justice. I urge all Senators to make the federal 
administration of justice a top priority for the Senate for the rest of 
this year.

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